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Latest Property Disputes News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Property Disputes weekly highlights—6 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—6 May 2021

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

The following Property Disputes news provides comprehensive and up to date legal information on A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

An analysis of the Housing Possession Mediation Service

The following Dispute Resolution news provides comprehensive and up to date legal information on An analysis of the Housing Possession Mediation Service

Featured Property Disputes content

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Precedents

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

9th Nov

Practice notes

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

9th Nov

COVID-19

Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

9th Nov

Practice notes

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

COVID-19

In-house

Most recent Key developments and horizon scanning content

Practice notes

Property case tracker—2021

The Property case tracker is a list of key judgments from 2021 which we consider relevant to property lawyers. Cases are listed in reverse...

7th May

Practice notes

Coronavirus (COVID-19)—implications for property

This Practice Note introduces the key implications that property practitioners should consider in relation to the coronavirus pandemic, including the...

7th May

COVID-19

In-house

Practice notes

Property key future developments tracker

Once a development occurs, it is then moved to the relevant archive:•Property key future developments tracker—2021 archive•Property key future...

6th May

Practice notes

Brexit timeline

On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29 March 2017,...

6th May

Brexit

Practice notes

Reform of UK insolvency laws

BackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at real risk of insolvency. Some...

5th May

COVID-19

Practice notes

Dispute resolution: key appeal cases—2021

One of the difficulties for dispute resolution practitioners is keeping up to date with developments in case law that affect their practice area, or,...

4th May

Practice notes

Assured and assured shorthold tenancies—terminating

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

4th May

Scottish Law

COVID-19

In-house

Practice notes

Quick guide to landlord’s coronavirus (COVID-19) remedies

This Practice Note sets out the potential options and remedies which may be available to a landlord in dealing with a defaulting tenant, how these may...

30th Apr

COVID-19

Practice notes

LTA 1954 business lease renewal—termination

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

28th Apr

COVID-19

In-house

Practice notes

CPR 55 procedure in relation to residential common law tenancies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

27th Apr

COVID-19

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

26th Apr

COVID-19

In-house

Practice notes

Practice direction changes—November 2017 [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...

26th Apr

Practice notes

CPR changes—April 2013 [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...

26th Apr

Practice notes

Summary of the Jackson April 2013 reforms [Archived]

ARCHIVED: this archived Practice Note provides information as at 1 April 2013 on the implementation of the Jackson Reforms. It is not maintained and...

26th Apr

Practice notes

The Upper Tribunal (Lands Chamber)—practice and procedure

FORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021) came into force on 15 March 2021 for the...

22nd Apr

COVID-19

Practice notes

Coronavirus (COVID-19) civil court specific guidance—dispute resolution

This Practice Note should be read in conjunction with Practice Notes:•Coronavirus (COVID-19) implications for dispute resolution•Coronavirus...

20th Apr

COVID-19

Practice notes

Coronavirus (COVID-19) implications for dispute resolution

This Practice Note aims to assist dispute resolution practitioners seeking to understand the fast-moving changes to civil court processes and...

20th Apr

COVID-19

Q&As

If a tenant fails to apply for a new lease before the expiry of a section 25 notice, can the landlord re-enter and change the locks notwithstanding the ongoing moratorium as a result of the coronavirus (COVID-19) pandemic?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) grants security of tenure to business tenants unless its provisions are contracted out. This...

19th Apr

Q&As